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Meaning of “damage to the environment” etc.

5.—(1) The amendments of section 107 of the Act (meaning of “damage to the environment” etc.) made by regulation 4 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002, as described in paragraph (2), also have effect in relation to Wales.

(2) The amendments referred to in paragraph (1)—

(a)substitute for subsection (2) (meaning of “environment”)—

“(2)The “environment” includes land, air and water and living organisms supported by any of those media.”,

(b)in subsection (3) (meaning of “damage to the environment”) omit “to the living organisms supported by the environment”,

(c)substitute for subsection (6) (meaning of “harm”)—

“(6)“Harm” means adverse effects as regards the health of humans or the environment.”,

(d)substitute for subsection (9) (meaning of organism being under a person’s “control”)—

“(9)Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.”, and

(e)substitute for subsection (11) (meaning of organism being “marketed”)—

“(11)Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.”.

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